HomeMy WebLinkAbout2025 - City of Bellingham Initiative 25-03 Prohibiting Landlords from Interfering with Tenants Engaged in Protected Activities - General and Special Election November 05, 2025Summary Report Page: 1 of 1
Whatcom County, Washington, GENERAL 2025, Nov 04, 2025 2025-11-24
All Precincts, All Districts, All Counter Groups, All ScanStations, City of Bellingham Initiative 25-03, All 16:42:08
Boxes
Total Ballots Cast: 31011. Registered Voters: 169242 Overall Turnout: 18.32%
Choice Votes Vote %
>recincts
City of Bellingham initiative 25-03 (Vote for 1)
31011 ballots 0 over voted ballots 0 overvotes, 2242 undervotes), 65000 registered voters, turnout 47.71%
Yes 2110.3 73.35%
No 7666 26.65°%
Total 28769 100.00%
Overvotes 0
Undervotes 2242
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
A canvass of the votes cast by qualified voters in the City of Bellingham for the district's submitted ballot measure
for the November 4, 2025 Special Election is complete.
The results of the election were duly canvassed by the Whatcom County Canvassing Board on November 25, 2025,
and the results of said canvass are above.
Dated this 2"d day of December, 2025, Bellingham, Whatcom County, Washington,
Stacy Henthor
County Auditor
Final Language
Ballot Title
City of Bellingham
Initiative 25-03
Prohibiting Landlords from Interfering with Tenants Engaged in Protected Activities
The initiative would prohibit landlords from interfering with or prohibiting tenants from engaging in free
speech, assembly, or association, including voter registration, tenant organizing, or reporting legal
violations. It contains provisions to protect tenants who engage in a protected activity from retaliation
by landlords. It would prohibit contrary provisions in rental agreements, create notice requirements,
provide an affirmative defense to unlawful detainer or eviction actions, create a private right of action,
and provide for city enforcement.
Should this measure be enacted into law?
Yes
No
Explanatory Statement
This measure would prohibit landlords from interfering with tenants engaged in protected activities
including those exercising their rights to speech, assembly, and association. The measure provides voter
registration volunteers and tenant organizers access to common areas. The measure prohibits landlords
from requiring tenants to enter into non -disclosure agreements or waive their right to participate in a
class action lawsuit or other cause of action against the landlord. The measure prohibits retaliation,
creates a private right of action for tenants and tenant organizations, and allows for civil enforcement by
the City.
District Name:
District Address:
Contact Person 1
Whatcom County Auditor's Office
Ballot Measure Coversheet
City of Bellingham
210 Lottie Street, Bellingham WA 98225
Jackie Weller, Legislative Office Manager
Name & Title
360-778-8200, jaweller@cob.org
Phone & email
James Erb
Name
360-778-8132, jeerb@cob.org
Phone & email
Resolution
with original signatures or a certified copy
Explanatory Statement
prepared by your attorney, not to exceed 100 words
Committee Appointment Forms
separate forms for each committee
Completed Ballot Measure Coversheet
Auditor's Office Use
Received In Person
AUG 01 2.325
Whatcom County Elections
Proposition/Initiative Number
Contact Person 2
Kelley Goetz, Deputy Clerk
Name & Title
360-778-8006, kngoetz@cob.org
Phone & email
Has your attorney prepared this ballot measure?
(] Yes 0 No
Yes
0 No
Yes
O No
Yes
0 No
Yes
® No
Missing document(s):
I understand that the submittal deadline date for the missing
documents is and the Auditor's Office will
not begin processing this ballot measure until all documents
have been submitted.
Presenter's Signature
Deputy Auditor's Signature
t'/F BELG1N�
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9s'F! f N GK�
Finance Department
City of Bellingham
July 31, 2025
To Whom It May Concern,
I, Kelley Goetz, Deputy City Clerk, herby certify that the attached copy of Resolution 2025-12 is a true
and correct copy of the original resolution approved by the Bellingham City Council on July 21, 2025.
9L-1 --�-Itb (:- .
Signature Date
Office: (360) 778-8010 1 Fax: (360) 778-8001 1 Email: finance@cob.org I www.cob.orpJfinance
210 Lottie Street, Bellingham WA 98225
RESOLUTION NO.2025-12
A RESOLUTION DEFERRING TO THE VOTERS INITIATIVE NO.2025-03 WHICH PROHIBITS
LANDLORDS FROM INTERFERING WITH TENANTS ENGAGED IN PROTECTED
ACTIVITIES
WHEREAS, a sufficient number of qualified electors of the City of Bellingham have proposed an
initiative bill, previously assigned number 2025-03, which would prohibit landlords from interfering
with tenants engaged in protected activities; and
WHEREAS, the initiative bill would create a new chapter in Title 6 of the Bellingham Municipal
Code that protects tenants who engage in activities related to speech, assembly, and association
from retaliation by their landlords; and
WHEREAS, the initiative bill defines rights of tenants to speech, assembly, and association, and
prohibits landlords from interfering with those rights; provides access to common areas to voter
registration volunteers and tenant organizers to engage in certain protected activities; and
prohibits retaliation by landlords against tenants engaged in protected activities, and
WHEREAS, the initiative bill would prohibit landlords from requiring tenants to enter into non-
disclosure agreements related to their lease agreement or details of an offer to lease; prohibit
landlords from including language in a lease agreement that would require a tenant to waive their
right to participate in a class action lawsuit or any other cause of action against their landlord; and
declare any contrary provisions in a lease agreement void and unenforceable; and
WHEREAS, the initiative bill would require the city to create and make available a poster
describing the rights of tenants under the new chapter, as well as a publicly available webpage
explaining the rights and responsibilities of tenants and landlords under the new chapter; and
would require landlords to post the tenant rights poster in a conspicuous location within the rental
property; and
WHEREAS, the initiative bill would make it an affirmative defense to an unlawful detainer or other
eviction action that a landlord is in violation of the chapter and provide that a tenant or other
person who prevails in an action asserting their rights under the chapter shall be awarded
reasonable attorney's fees and costs; and
WHEREAS, the initiative bill would create a private right of action for tenants and tenant
organizations to enforce of the provisions of the chapter; and
WHEREAS, the initiative bill would allow for city enforcement and states that a person violating
the terms of this chapter commits a civil infraction for which they may be cited and assessed a
monetary penalty; and
WHEREAS, the Charter and the Bellingham Municipal Code provide that City Council may enact
an initiative bill, reject an initiative bill and propose another bill dealing with the same subject,
defer an initiative bill to the voters, or take no action on an initiative bill; and
City of Bellingham
Resolution Deferring Initiative No. 2025-03 City Attorney
to the Voters (1) 210 Lottie Street
Bellingham, Washington 98225
360-778-8270
WHEREAS, the City Council considered Initiative No. 2025-03 during a regularly scheduled
meeting on July 21, 2025, and moved to defer the bill to the voters in November; and
WHEREAS, RCW 29A.04.330 requires that the City Council pass a resolution on or before the
day of the primary election, i.e., August 5, 2023, requesting that the Whatcom County Auditor, as
ex officio supervisor of elections, place the initiative bill on the November 4, 2025, ballot;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BELLINGHAM:
The City Council hereby defers to the voters Initiative No. 2025-03 which concerns prohibiting
landlords from interfering with tenants engaged in protected activities.
The Finance Director or designee shall promptly deliver a copy of this resolution to the Whatcom
County Auditor requesting that Initiative No. 2025-03 be submitted to the qualified electors of the
City for approval or rejection at an election to be held on November 4, 2025, pursuant to the City
Charter and the Bellingham Municipal Code.
City staff is authorized to take additional actions that may be required by the Whatcom County
Auditor to ensure that this measure is placed on the ballot in November, including, for example,
preparing a ballot measure cover sheet, verifying eligibility of committee members, completing
the committee appointment form, working with the Whatcom County Auditor Office to solicit
committee members, as appropriate, and drafting an explanatory statement for the initiative bill.
PASSED by the Council this 21st day of July, 2025.
4
Council President
APPROVED by me this day of July, 2025.
Mayor
ATTES'
APPROVED AS TO FORM:
ti A A. 4-y�
Office okHe City Attorney
City of Bellingham
Resolution Deferring Initiative No. 2025-03 City Attorney
to the Voters (2) 210 Lottie Street
Bellingham, Washington 98225
360-778-8270
City of Bellingham
April 21, 2025
Whatcom County Auditor Stacy Henthorn
311 Grand Avenue
Suite 103
Bellingham, WA 98225
RE: Proposed Initiative Measure forthe City of Bellingham
Dear Madame Auditor,
Received By Email
APR 21 2025
Whatcom County Elections
Please find attached for filing a copy of a proposed initiative petition forthe City of
Bellingham which was received on April 2, 2025. This proposed initiative petition would
protect residential tenants in various protected activities. The City Attorney's Office has
drafted the following ballot title for this local ballot measure in consultation with the
initiative proponents, as required by State law and the Bellingham Municipal Code:
Prohibiting landlords from interfering with tenants engaged in protected activities.
The initiative would prohibit landlords from interfering with or prohibiting tenants
from engaging in free speech, assembly, or association, including voter registration,
tenant organizing, or reporting legal violations. It contains provisions to protect
tenants who engage in a protected activity from retaliation by landlords. It would
prohibit contrary provisions in rental agreements, create notice requirements,
provide an affirmative defense to unlawful detainer or eviction actions, create a
private right of action, and provide for city enforcement.
Should this measure be enacted into law?
Yes? ................................... . .
No? ......................................
We respectfully request that your office acknowledge receipt of this filing. We also request
that you provide appropriate notice of the ballot title to the initiative proponents, the city,
and to any other person requesting a copy of the ballot title. Anyone dissatisfied with the
wording of the ballot title shall have ten working days from the date of filing to file an
appeal in Whatcom County Superior Court under RCW 29A.36.090.
(360) 778-8000 I. info@coo.org I'.VVriV.cOo,org
210 Lottie Street, Beilingnarn INA 98225
Office of the City Attorney
City of Bellingham
July 31, 2025
Whatcom County Auditor Stacy Henthorn
311 Grand Avenue
Suite 103
Bellingham, WA 98225
RE: Explanatory Statement for City of Bellingham Initiative No. 2025-03
Dear Madame Auditor,
The City Attorney's Office has drafted the following explanatory statement regarding City
of Bellingham Initiative No. 2025-03, to be included in the local voter's pamphlet:
This measure would prohibit landlords from interfering with tenants engaged in
protected activities including those exercising their rights to speech, assembly, and
association. The measure provides voter registration volunteers and tenant
organizers access to common areas. The measure prohibits landlords from
requiring tenants to enter into non -disclosure agreements or waive their right to
participate in a class action lawsuit or other cause of action against the landlord.
The measure prohibits retaliation, creates a private right of action for tenants and
tenant organizations, and allows for civil enforcement by the City.
Thank you for your time and attention to this matter. Please let know if you have any
questions.
Respectfully,
Jai yes Erb
Deputy City Attorney
Office: (360) 778-8270 1 Fax: (360) 778-8271 1 www.cob.org/attorney
210 Lottie Street, Bellingham WA 98225